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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70182
Experience:  Over 5 years in practice.
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There, My brother was recently pulled over by the police

Customer Question

Hi there,
My brother was recently pulled over by the police for speeding. When the police conducted PNC checks it showed he wasn't insured on the car he was driving which was our dads. He has since received a court summons for not having the correct insurance in place and for the speeding. He has since however, received a letter from the insurer confirming the correct insurance was in place. With the court summons, he is going to plead guilty by post to the speeding but not guilty to the insurance offence. When completing the summons form, he is going to explain this in the 'Not guilty informationn' section and provide the letter of proof from the insurer.My question is whether it is possible in this summons to reply with a claim for a refund in the impound fee and loss of earnings? My other question is what the expected response will be as surely this will be instantly thrown out of court as he has valid proof of insurance?
Submitted: 2 years ago.
Category: UK Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did the insurance cover him to drive this car?
Customer: replied 2 years ago.
Hi Jo,
Yes it did. He had an extension on his policy to cover this. Which has been confirmed in writing by the insurer.
Expert:  Jo C. replied 2 years ago.
Has he provided that to the police?
Customer: replied 2 years ago.

The summons was received before the proof was received from the insurer so no, nothing has been sent to the police. I need to reply to the summons by 21st.

Expert:  Jo C. replied 2 years ago.
If there is an insurance certificate that covers him for driving this car on this occasion then it should be a simple matter of producing that.
It is an option to send a copy in but I wouldn't bother at this stage. They will only lose it and there isn't time now for the matter to be reviewed.
You cannot claim impound fees from the Magistrates Court. There is an outside chance that they could make an order covering it but it is about 1%.
If the database showed that he was uninsured then actually they were entitled to seize. In law, the claim then would be against the insurance company for failure to update.
However, often the chief constable will offer refunds but you need to write to the force solicitor. It is not a matter for the Magistrates court.
Can I clarify anything for you?